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Should you take legal action against your HOA?

California homeowners who live in a neighborhood with a homeowners' association know that sometimes there are issues that can lead to a tense or even contentious relationship with the HOA. As a homeowner, you may find yourself in this situation, and you may be wondering if there is anything you can do, especially if you experienced a violation of your rights.

In some cases, it may be appropriate to take legal action against your HOA. You can't just file a lawsuit because you do not like the leadership or the decisions they have made, but there are occasions in which you can. Homeowners would be wise to apprise themselves of their rights regarding their property and disputes with the HOA.

Appropriate grounds for legal action

You may live in a neighborhood with an HOA, but that does not mean that the HOA has exclusive rights over what you can and cannot do with your property. You would be wise to know where your property rights end and the HOA's responsibility begins. Knowing this can help you know when you have grounds to move forward with a civil claim against your community HOA. Some of the most valid reasons to pursue a legal remedy to your HOA dispute include:

  • Your HOA did things or failed to do things specifically outlined in the covenant and contract you signed when you moved into the neighborhood.
  • You experienced either harassment or discrimination from your HOA.
  • The HOA misappropriated funds or misused dues paid by homeowners.
  • Your HOA refuses to repair or fix issues that clearly fall under their responsibility.
  • The HOA denied you the right to remodel or do things to your home not specifically addressed in your HOA agreement.

The job of the HOA is to protect the best interests of the homeowners and those who live in the community. When those in leadership positions overstep their bounds, infringe upon your rights or treat you unfairly, you have the right to fight back.

Resolving a dispute with your HOA

If you find yourself involved in a dispute with your HOA, you may be unsure of what to do or how you should proceed to protect your rights and interests. One of the most beneficial things for you is to seek a complete explanation of your entitlements provided by the law and outlined in your HOA contract.

Legal action is not always necessary to resolve an issue with your HOA, but it could be the most appropriate way to pursue a beneficial outcome to your unfortunate situation.

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